Ankiewicz v. Kinder

563 N.E.2d 684 (Mass. 1990)

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Nature of the Case

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Facts

Ankeiwicz (P), a minor child under the age of six ingested lead paint from the apartment his parents rented. P sued Kinder (D) for negligence, breach of implied warranty of habitability, and violation of the lead poisoning prevention law of Mass. D filed a third-party complaint against P's mother for contribution; in that she negligently allowed P to eat the paint. The trial judge dismissed the claim for contribution on the statutory cause of action.